A ResearchCompliance Navigational Toolkit (CNT)

1. A ResearchComplianceNavigational Toolkit (CNT) Office of Research & Compliance 525 Bryant St, NW Suite 137 Washington, DC 20059

2. Objectives • Identify potential issues navigating the myriad of federal grants regulations • Identify resources at Howard University to assist with issues of compliance • Link latest audit results to some major compliance issues

3. National Science Foundation and other Relevant Federal Agencies Issues Current Office of Inspector General (OIG), National Science Foundation (NSF) Audit Focus • Cost Sharing • Charging clerical and admin costs • Effort certification • Cost transfers • Subrecipient monitoring • Level of commitment

4. Things to remember about all federal regulations. • Shades of gray • Use words like “normally”, “usually”, “primarily”, “generally” • Prudent person test is key but subjective • Audits by federal agencies are rare, but increasingly more common • Audit results are black and white • Howard is a focal point and attracts media/community attention • Minor, unintentional oversights = fault • Reputational risks for both PI and institution • Auditors will want to meet with the PI

5. Key Focus #1 Effort Reporting • Why is this so important to Federal Agencies • Effort tracking throughout the life cycle • Faculty effort –Annual reporting • Non-faculty effort –Monthly reporting • Proposed vs. charged vs. tracked vs. actual effort devoted • Sponsor approval required for reductions of 25% or greater for key personnel (normally just PI)

6. Key Focus #2 Over-commitment of PI and key personnel effort • When could it be problematic to charge 100% effort to research grants? • HU recommends no more than ----% effort charged to sponsored awards • Effort percentage in proposal vs. available time when award is accepted • Issues relating to faculty being key personnel on multiple grants of other PI’s

7. Key Focus #3 Sub-recipient Monitoring • As prime grantee, HU and PI are responsible for entire award • PI monitors programmatic performance • PI approves invoices and certifies performance and appropriateness of charges • Grantee could be liable for disallowed costs of subcontractor

8. Key Focus #4 Cost Transfers • Why does the government care? • Sees moving funds as a sign of poor management and weak internal controls • Every move of Federal money requires documentation and approval • Periodic reviews of grant accounts precludes the inability to shift funds because too much time has passed

9. Key Focus #5 Allowable Direct Charges • Certain items are not allowable as direct charges to grant; this does not mean that they are not paid for by the Feds • Direct Costs are defined as those expenses that can be associated with a specific grant activity with a high degree of accuracy • Certain expenses, as admin salaries, are allowable on large program projects (P01s) but not allowable on less complex awards (R01s)

10. Key Focus #5 Allowable Direct Charges • “Sensitive costs” • Admin and clerical salaries • General purpose equipment • Software • Office supplies • Memberships • Subscriptions and books • Telephone • Alcohol • Entertainment

11. Key Focus #6 Allocability • Attribution • Can you attribute each expense to the specific award • Do you review the methodology of splitting expenses within your lab • Charging personnel • How do you allocate staff time, how often is it reviewed and what do you do about short term reallocation of staff • Unallowable practices include: • Rotating charges between awards • Spending down an award because it has the largest balance

12. Key Focus #7 Cost Sharing • Definition: Expenses included in a grant proposal relating to a specific project that are paid for with school unrestricted funds • What is the downside of cost sharing • Unofficial policy • Required documentation • Importance of tracking cost sharing • “Over the cap” NIH cost sharing

13. Key Focus #8 Travel • University Policy regarding local, national and foreign travel • What is the rationale for this policy

14. Key Focus #9 Non Federal Awards • Terms often vague • Sponsors still expect good management and stewardship • Need to be prepared to defend transactions in an audit (more frequent audits than in the past) • Recommend transact and manage the same as with Federal funds

15. Key Focus #10 Accelerated Spending • Is the rate of spending tied to the pace of work • Does the rapid spending indicate a change in the scope of work • If spending is slow is there concern about achieving project goals • Good practice is to monitor overall grant spending against a dollar and time budget

16. Documented AUDITS/SETTLEMENTS (2007) • Johns Hopkins Univ. • Effort Certification • $2.7 million • New York University Medical Center • Inflated research grant costs • $15.5 million • Mayo Foundation • Mischarging of federal grants • $6.5 million • Harvard/BIDMC • Costing Issues Self-Reported • $3.25 million • Northwestern University • Committed Time/Effort • $5 million • Univ Alabama/Birmingham • Effort Certification & Clinical Research Billing • $3.4 million

17. Documented AUDITS/SETTLEMENTS/Fines • East Carolina Univ • Questioned Costs HHS/OIG Audit • $2.4 million • Univ of Southern California • Questioned Costs HHS/OIG Audit • $400,000 • Florida International Univ • Effort Certification & Direct Costs • $11.5 million • Univ of California/San Francisco • Animal Care Allegations • $92,500 fine • University of Minnesota • Misuse federal funds • $32 million • Cornell Medical Clinical • Research Issues • $4.4 million Howard University ???

18. Other Issues • Dual Appointments • Training Grants • Service Centers • Conflict of Interest Disclosure

19. What can you do to avoid problems? • Work within the ORC utilizing: • qualified and trained staff/personnel • Toolkit outlines, Policies & Procedures • Review with ORC –staff on a continual basis: • status of all active accounts • charges • miscellaneous items • Recognize allocation disbursement methods of charges • Understand effort commitments • Contact ORC with questions • Advise ORC of any inquiry from external sponsor • Utilize ORC as a liaison with sponsor

20. Helpful Links for Additional Information • ORC at orc@howard.edu